Week 13: Courts & Stalking

• Courts hear both criminal and civil matters
• Different courts hear different matters
• Civil courts


  • County courts (aka small claims courts) hear most civil matters like debt repayment, breach of contract
  • Family court handles matters like adoption, parental disputes etc.
  • High court hears matters like estates, partnerships, mortgages
  • Court of Appeal hears referrals
• Criminal courts


  • All criminal cases start in the magistrates' court
  • The seriousness of a case determines if it stays in the magistrates court or goes to the Crown court

  
• Indictment


  Prosecutions are undertaken on behalf of the state in the name of the monarch by the Crown Prosecution Service
• The decision to prosecute is based on two tests: 1) Realistic prospect of success, 2) Public interest
• Plea bargains


  Most cases involve plea bargains, forensic psychologists are involved to make sure the person is mentally fit (competent) to plead
• Trial


  • The system is adversarial/accusatory rather than inquisitorial
  • Contest in which lawyers present a case for/against the accused and engage in cross examination
  • Judge acts as umpire to presentation and questioning
  • Onus is on the prosecution to present a compelling case demonstrating guilt, defence challenges its soundness (innocent until proven guilty)
  • Criminal burden of proof is beyond a reasonable doubt, civil is balance of probability
• Types of Trial


  • Adversarial System
  • Inquisitorial System
• Adversarial System


  • Two advocates represent their parties' positions before an impartial person or group who attempt to determine the truth of the case
  • Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one
  • Judges are impartial in ensuring the fair play of due process, or fundamental justice
  • Lawyers are partisan and act for opposed parties
  • Evidence must be relevant and presented orally (not as a written submission)
  • Criminal defendant is not required to testify
• Inquisitorial System


  • Legal system where the court or a part of the court is actively involved in investigating the facts of the case
  • Primary objective is achieving the truth with the rights of the individual secondary
  • Judges can be involved from the early stages of the police investigation and steer the legal process including the questioning of witnesses
  • Those knowledgeable about the events provide information to the court
  • The criminal defendant is the first to testify and knows the State's case against them

  
• Types of Court


  • Magistrates
  • Crown
  • Either
• Magistrates Court


  • Deals with less serious, summary offences (e.g., motoring, criminal damage)
  • 2 or 3 magistrates or a district judge, no jury
  • Most common, and most often there is a plea, and the magistrates deal with sentencing
  • Young people (<17) go to youth court and are dealt with by magistrates
• Crown Court


  • Deals with serious, indictable only offences (e.g., murder, rape)
  • Judge and jury (n = 12, rule by majority, e.g., 10 to 2)
  • Deals with appeals from magistrates courts
  • Appeals from here go to Court of Appeal then to Supreme Court
• Either Way Offences


  • Can be dealt with in either the Magistrates or Crown Court, Magistrates decide which
• In 2021, 76% of cases were in Magistrates Court, 18% were Either Way, and 2% were in Crown Court
• Crown Court Classes


  • Class 1 - Most serious (e.g., treason and murder), normally heard by a High Court Judge
  • Class 2 - Offences which include rape, usually heard by a Circuit Judge
  • Class 3 - Includes all other offences, such as kidnapping, burglary, grievous bodily harm and robbery, normally tried by a Circuit Judge or Recorder
• The Jury


  • 12 lay people who observe a trial in the Crown Court and decide on the guilt or innocence of the defendant
  • Previously required unanimous agreement among jurors, not necessary since 1967
  • Considered perhaps the most important institution of the CJS
  • Role of jury trial overstated, only 2% of criminal cases are put before a jury
• Jury Selection


  • Random selection from electoral role
  • Aged 18-70 years
  • Lived in UK for at least five years, since 13 years of age
  • Cannot be disqualified or ineligible due to mental health issues or if they have been in prison for five years or more
• In 2018, 598,605 juror summons resulted in 83,712 jurors, 301,006 were disqualified, and 67,678 were deferred to a later date
• Youth Justice System


  • Youth Court for 10-17 year olds, less formal, can be 3 magistrates or a district judge, no jury, no members of the public (without permission), defendant called by first name
  • Youth Rehabilitation Order has 1 or more of 18 requirements (e.g., curfew, supervision, unpaid work, drug treatment, education)
  • Custodial Sentence served in a secure children's home, secure training centre or youth offender institute
• Other Courts


  • Coroners court - Coroners are lawyers or doctors or both, they look into violent or unnatural deaths, deaths in prison and sudden deaths, inquest is held to lay out details about who deceased is and where they died, they do not indicate blame
  • Tribunals - Courts of law dealing with employment, health, education, immigration and other issues, e.g., deal with issues of equality in hiring and workplace
• Stalking


  Repeated acts, experienced as unpleasantly intrusive, which create apprehension and which can be understood by a reasonable fellow citizen to be grounds for becoming fearful
• The Protection from Harassment Act 1997 first UK legislation that covered stalking, but victims felt stalking was not being taken seriously enough and that stalking should be a specific offence
• Stalking under section 2A of the Protection of Freedoms Act 2012


  • Stalking is not legally defined but section 2A (3) lists a number of examples of behaviours associated with stalking (e.g., following, contacting, publishing statements, monitoring internet use, loitering, interfering with property, watching/spying)
  • Summary only offence, max of 6 months' imprisonment and/or fine
• Section 4A(1)(b)(ii) Offence - Stalking involving fear of violence or serious alarm or distress


  • The elements are: a course of conduct which amounts to stalking and causes another to fear, on at least two occasions, that violence will be used against them or causes another serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities
  • Determining whether the defendant ought to know that the course of their conduct will cause fear is done using the reasonable person standard
• Stalkingis about


  forcing a relationship

  
  

  Forcing contact
• Key components of stalking definitions

  • Repeated behaviour
  • Unwanted by victim
  • Causes victim to fear for their safety
  • broad language and focus on cause or consequences of acts, not acts themselves
• There exist a variety of motives for stalking
• Typologies for stalking


  • Based on mental disorder
  • Based on stalker's prior relationship with victim
  • Based on primary motivation of the stalking (most common)

  over 20 typologies
• Mullen et al.'s typology


  • Includes 5 types of stalkers
  • Focuses on the perpetrator and the function of their behaviour (i.e., why are they doing it?)
• Rejected stalkers


  • Starts after relationship breakdown (usually sexual)
  • Aim is to reconcile or get revenge (or both)
  • Stalking continues because behaviour creates a pseudo-relationship
  • Most commonly perpetrated by intimate partners but can be any close relationship (emotion)
  • Most persistent and intrusive
• Rejected stalkers


  • Less psychotic more personality problems and substance abuse
  • Often jealous
  • Can be controlling and possessive before and after split
  • Can be clingy and dependent
  • Most likely to engage in intimidation and assault of ex-intimates
  • Tend to be very entitled and self-righteousness
  • Are aware enough to stop when consequences get too high
  • Need counseling and social support
• Resentful & Retaliatory stalkers


  • Perpetrator sees self as victim of injustice
  • Motive is to get retribution
  • Behaviours designed to frighten and distress victim
  • Stalking persists due to positive reinforcement of acts for stalker
  • Typically, a short burst of activity soon after 'injury'
  • Impulsive
  • Outburst of anger that then dissipates
• Resentful stalkers


  • Lengthy campaign of harassment aimed at making someone fearful
  • Victim is the embodiment of those who have wronged perpetrator
  • Perpetrator wants vindication for long term victimization
  • Perpetrator resentment preceded event that precipitated stalking
  • High rates of psychosis and substance abuse
  • Self centered, defensive, immature, and hostile
• Retaliatory stalkers


  • Brief outburst driven by recent injury
  • Tied to specific victim
• Intimacy Seeker stalkers


  • Trying to establish a relationship (intimate or friend)
  • Convinced victim does or will reciprocate
  • Tend to be older and lonely, but can be narcissistic and feel they are due a relationship
  • Continues because fantasy is better than loneliness and/or intrusions become the relationship
  • Value from being in love or having a friend
  • Overvalue any positive feedback and see hidden messages in bad feedback or make excuses
  • Very persistent
• Intimacy Seeker stalkers


  • Positive about self, deny problems
  • High psychosis, low personality disorders
  • Highly value placed on victim (has unique and special qualities) and self (they are entitled to this relationship)
  • Less intrusive in pursuit (letters, gifts) but can be violent if rejection gets through to them or if someone else gets in the way
• Incompetent Suitor stalkers


  • Trying to establish a relationship due to loneliness or lust
  • Unlike Intimacy Seeker more often looking for a date or sexual encounter
  • Poor social skills, especially in courting
  • Awkward, pushy, insensitive, interpersonally inept
  • Feel entitled to a relationship and are indifferent to how the victim feels
• Incompetent Suitor stalkers


  • Tend to not gain satisfaction from pursuit to are quick to stop
  • Least persistent but most likely to recidivate with a new victim
  • Low psychosis, higher on narcissistic and obsessive
  • They respond well to sanctions but its difficult to keep them from doing it again to another person
  • Need social skills training (general and perhaps cultural)